Military families often face challenges that civilian families rarely encounter—frequent moves, deployments, unpredictable schedules, and complex pay structures. When divorce becomes part of that reality, the legal issues can quickly become more complicated than a standard family law case. For military families living in Fairfax County and the Fredericksburg region, these concerns are especially common because the area includes a high concentration of service members, federal employees, and families connected to nearby installations.

Military divorce in Virginia still involves familiar issues—custody, support, and property division—but certain details require extra care. Three of the most common concerns are BAH and military pay, PCS relocation, and custody across state lines.

Understanding military pay: why it matters in divorce

Military pay is not simply a base salary. Depending on rank and circumstances, a service member’s income may include:

• base pay
• BAH (Basic Allowance for Housing)
• BAS (Basic Allowance for Subsistence)
• special duty pay, hazard pay, or incentives
• deployment-related pay
• bonuses (reenlistment or special programs)

This matters because support calculations—child support and spousal support—often depend on gross income. In many cases, allowances like BAH are considered as part of income for support purposes, even though they are not taxed the same way as base pay.

In Fairfax and Fredericksburg cases, disputes often arise when:

• one spouse believes BAH should “not count” because it is an allowance
• deployment pay temporarily increases income
• income fluctuates due to schedule changes or reassignment
• the service member lives in government quarters or receives different housing benefits

A careful review of pay records and LES (Leave and Earnings Statements) is often essential for an accurate support analysis.

PCS relocation: why it creates custody and divorce urgency

A PCS move can create intense time pressure in divorce and custody cases. When one parent receives orders to relocate, families often need immediate answers to questions such as:

• Can the service member relocate with the child?
• Does the other parent have to agree?
• Can the court stop the move?
• How will parenting time work if parents live in different states?

In Virginia, relocation involving a child is not simply a military decision—it is a custody issue. Even if the service member is required to move for duty, the court still focuses on the best interests of the child, and the non-relocating parent’s rights matter.

Custody across state lines: what the court focuses on

When parents will live in different states, Virginia courts often shift to a schedule that reflects fewer but longer visits. Instead of frequent weekly exchanges, long-distance plans may include:

• extended summer parenting time
• holiday rotations with longer blocks
• school break schedules
• structured virtual contact (video calls)
• clear travel and transportation rules

Courts often require a strong, detailed parenting plan because travel costs, flight coordination, and missed exchanges can easily lead to conflict.

In Fairfax and Fredericksburg, courts commonly look for:

• a realistic travel plan
• predictable school-year stability
• clarity on who pays travel costs
• a schedule that preserves meaningful contact

When relocation is unavoidable, the most effective custody plans are those that prioritize consistency for the child while still preserving strong parent-child bonds.

The Servicemembers Civil Relief Act (SCRA): litigation timing and protections

Military divorce can also involve the Servicemembers Civil Relief Act (SCRA), a federal law that can affect court proceedings when a service member’s duties prevent participation.

In practice, SCRA issues may arise when:

• a service member is deployed
• training commitments make court attendance impossible
• a parent seeks to delay litigation unfairly, claiming duty conflicts

SCRA protections are legitimate, but courts also balance the needs of children and the reality that family law issues cannot always wait indefinitely. The specific facts matter greatly, and courts often seek fair solutions such as rescheduling, remote participation, or interim orders.

Deployment and parenting time: planning ahead matters

Deployments are a reality of military life, and they affect custody schedules. Parents often ask:

• Can I change custody because the other parent is deployed?
• Can a deployed parent designate someone else to exercise visitation?
• How do we preserve the child’s relationship during deployment?

Virginia courts generally focus on stability and child well-being. In many cases, temporary adjustments are made while a parent is deployed, and parenting time is restored after return. Some families also create “deployment clauses” in their parenting plan to reduce conflict later.

A well-drafted plan can address:

• temporary schedule changes during deployment
• regular video calls
• how make-up parenting time will work
• communication expectations and notice requirements

Military divorce strategy in Fairfax and Fredericksburg: practical considerations

Because Fairfax and Fredericksburg have many military-connected families, these courts often see relocation and pay-related disputes regularly. The most effective approach tends to include:

• early review of LES and pay structure
• careful planning around PCS timelines
• a realistic, long-distance parenting plan
• detailed provisions about travel and expenses
• clarity about how deployment affects custody
• documentation supporting the child’s stability and needs

Military divorce is rarely the right place for vague agreements. Long-distance parenting, variable income, and changing duty assignments require clear, enforceable terms.

Conclusion

Military divorce in Virginia involves unique issues that can shape custody and financial outcomes—especially when PCS moves, deployment schedules, and military pay structures are involved. Families in Fairfax County and the Fredericksburg region often benefit from early planning and careful legal strategy, particularly when children and relocation are part of the case. If you are facing a military divorce or custody concern connected to relocation or support, AMG LAW PLC can help you evaluate your options and develop a plan that reflects both Virginia law and the realities of military life.